A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 21st day of January 2004 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were:
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
David R. Kaczor Councilman
John J. Mills Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
David Holland Assistant Building Inspector
Samuel McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Wayne Bieler Town Engineer
The Supervisor read into the record the following: “If anyone appearing before the Town Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State Law and the Town Code of Ethics.”
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, UNANIMOUSLY SECONDED BY THE TOWN BOARD, TO WIT:
WHEREAS, John V. Capriotto of 80 Hillside Avenue in Orchard Park was born and raised on Abbott Road, and
WHEREAS, John V. Capriotto, worked in family owned and operated local businesses in Orchard Park, as a youth in his father’s general store and later as a part owner and operator of an auto parts supplier, Capriotto & Sons serving Orchard Park citizens, and
WHEREAS, John V. Capriotto attended local schools and as a youth became interested in the Fire Service joining the Windom Fire Company where he served for over fifty years as a volunteer responding to innumerable fire and rescue calls, and
WHEREAS, he served on the Orchard Park Fire District Board of Fire Commissioners first as a Commissioner and subsequently as Chairman of the Board of Fire Commissioners for many years, and
WHEREAS, John V. Capriotto also entered military service shortly after high school and was called to serve in the Korean War and upon returning he married Annie Peitro, settled in Orchard Park and raised three daughters, and
WHEREAS, John V. Capriotto served on the Town of Orchard Park’s Fire Advisory Committee, Haz Mat Advisory Committee, Public Safety Committee and as Chairman of the Public Safety Committee for many years until his retirement in 2003, and
WHEREAS, John V. Capriotto, known as Jonesey, represents the “Best of the Best”
NOW, THEREFORE, be it
RESOLVED, that the Town Board of Orchard Park duly and with ceremony recognizes the outstanding citizenship, service and dedication of John V. “Jonesey” Capriotto, to his hometown, his community and his country.
The resolution was unanimously adopted.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the minutes of the Town Board Meeting held for the 2004 Organizational Meeting and the 1st Meeting of the Year, January 7, 2004, as presented by the Town Clerk, are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
The resolution was unanimously adopted.
PUBLIC HEARING
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against an Amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:
To rezone for Special Exception Use in order to construct a townhouse project in an R-3 Zone 14.34 acres of vacant land, on the east side of California Road, SBL #172.00-1-22, , as petitioned by Walter Schmidt,
Metes and Bounds of Parcel in Question:
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, situated, lying and being in the Town of Orchard Park, County of Erie and State of New York, being pat of Lot 30, Township 9, Range 7 of the Holland Land Company’s Survey, and being more particularly bounded and described as follow:
Beginning at the point of intersection of the south line of L. 9852 P. 166 with the centerline of California Road (66 feet wide) making an angle of 59° 25’ 30” in the southeast quadrant; Thence east along said south line and parallel to the north line of Lot 30, 1562.39 feet measured (1561.25 record) to a point in the east line of Lot 30, Township 9, Range 7 said point being the SE corner of L.9852 P. 360 and 939.17 feet south of the northeast corner of Lot 30; Thence southerly along the east line of Lot 30, 434.0 feet to a point being the northeast corner of L.7376 P. 667; Thence west along the north line of L.7376 P. 667, 1174.76 feet to a point; Thence northwest along a line parallel to California Road, 10.73 feet to a point; thence west along a line parallel to the north line of L.7376 P. 667, 150.0 feet to a point; Thence west along a line parallel to the north line of L.7376 P. 667, 150.0 feet to a point in the centerline of California Road (66 feet wide); Thence northwesterly along said centerline, 492.90 feet to the point or place of beginning containing 14.34 acres more or less.
Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk.
At this time Supervisor Cudney asked if there was anyone that would like to be heard:
Douglas Bennett – TVGA Engineers discussed some of the revisions made with this project.
Connie Lydon – Lydon Landscape & Design discussed the landscape design and buffering elements.
Name/Address Proponent/Opponent
Pat & Peggy Connelly – 4567 California Road Opposed
Judith Pacholec – 4481 California Road Opposed
Amy Wojack – 4476 California Road Opposed
Sarah Pacholec – 4481 California Road Opposed
Robert Simpson – 4432 California Road Opposed
Martha Fay – 6047 Quaker Hollow Proponent
Larry Adamchick – 4716 Duerr Road Opposed
Fran Wirtner – 4701 California Road Opposed
Michael Vangalio – 4724 Duerr Road Opposed
Written Correspondence
William Jackson – 3666 Baker Road Proponent
Paul & Georgiana Napier – 6035 Quaker Hollow Road Proponent
Jerry & Maureen Davern Proponent
Paul & Betty Rasp Proponent
The major concerns regarding this project are; wet lands, water run off, character of the neighborhood, traffic, valuation of the homes, well water quality and the impact on wild life in the area. Many residents stated if the project is apporved they would prefer single family homes, if need be, to the townhouse project.
Linda Yancey – Town Assessor stated that one of the complaints that she hears most often regarding this type of project pertains to the roadway being a private road, and that the residents have to pay for many of the services to maintain that road and any repairs that are needed.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Amendment to the Zoning Ordinance of the Town of Orchard Park, which requests a Special Exception Use in an R-3 Zone for 14.34 acres of vacant land, east side of California Road, SBL #172.00-1-22, in order to construct a townhouse project, as petitioned by Walter Schmidt is hereby closed at 7.59PM (local time).
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, On 1/14/04 the Planning Board recommended that the Town Board initiate a SEQR Coordinated Review and seek Lead Agency Status for this request, and asked that the Town Board address the issues of adequate visual and sound buffering for the neighbors, and have a traffic impact study conducted.
NOW, THEREFORE, be it
RESOLVED, that the Town Board will address the adequate sound and visual buffering for this project and will also have a traffic study conducted.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to submit an application to the New York State Archives, Local Government Records Management Improvement Fund (LGRMIF) requesting $28,4671.71 to support the development of an enhanced municipal website that will improve public access to government records, forms and applications and advance the town’s e-Government activities, and be it further
RESOLVED, the Town proposes to: post board agendas, minutes, maps and frequently used forms on its website; provide three town employees with training on general website maintenance and web page updating; purchase Macromedia Dreamweaver 4.0; and retain two part-time records clerks to prepare and scan targeted records, and be it further
RESOLVED, that the Town of Orchard Park will match LGRMIF funds with $87,733.00 in cash and in-kind goods and services, or 75.5% of the total project cost of $116,194.71, as recommended by the Town Clerk.
The resolution was unanimously adopted.
New Business #2 Authorize the Advertisement of Bids for Water Meter Change-Outs Project
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the Engineering Department has completed the construction specifications and contract documents for the Meter Change-Outs Contract. The Engineer’s estimate of $325,000.00 is within the amount allocated for this project, and
WHEREAS, this project was required by Erie County Water Authority (ECWA) for the eventual lease management of all Town owned and operated Water Districts 1, 4, 4-1, 8, 8-1, 8-3 and 20, and
WHEREAS, it is expected that the project can start in late February with a completion date of the end of June 2004
RESOLVED, that the Town Board does hereby authorize advertisements for sealed bids, for the Town of Orchard Park Meter Change-Outs Contract, in the Southtowns Citizen and the Buffalo News to be opened at 10:00 AM on February 12, 2004 in the Basement Meeting Room at the Orchard Park Municipal Center, and be it further
RESOLVED, that the Town Clerk will publish due notice thereof.
Town Engineer Wayne Bieler stated that the Town of Orchard Park is required to replace all water meters in Water Districts 1, 4, 4-1, 8, 8-1, 8-2, 8-3 & 20. The Engineering Department has completed the construction specifications and contract document for this Meter Change-Outs Contract. The project is estimated at $325,000, which is within the amount budgeted for this project.
The resolution was unanimously adopted.
ELECTED OFFICIALS & DEPARTMENT HEADS
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following 2003 Budget Transfers:
Police Chief:
$3,331.00 From: 3120.000.443 Vehicle Repairs
To: 3120.000.475 Gasoline
Town Engineer:
$1,768.50 From: 1440.0111 Eng. Asst. Eng. & Inspector
To: 1440.0139 Eng. P/T Personnel
$299.31 From: 001.8346.000.503 Vehicle Maintenance
To: 001.8346.000.475 Gasoline
Town Attorney:
$20,974.42 From: A.1910.480 Contingent
To: A.1420.044 Town Law; Outside Legal Expenses
$674.50 From: A.1420.0419 Other Expenses
To: A.1420.0110 Deputy Attorney & Town Prosecutor
Dog Control Officer:
$330.00 From: A.3510.0420 Nuisance Animal Control Line
To: A.3510.0422 Natural Gas
Highway Superintendent:
$5,000.00 From: A.7110.0144 Labor
To: A.7110.0149 Seasonal Labor
$150.00 From: A.7110.0419 Other Expenses
To: A.7110.0425 Portable Bathrooms
$2,000.00 From: A.7110.0419 Natural Gas
To: A.7100.475 Gasoline
$1,000.00 From: A.7110.0421 Electric
To: A.7110.475 Gasoline
$3,000.00 From: A.7110.402 Supplies
To: A.7110.475 Gasoline
$350.00 From: A.5010.0413 Travel
To: A.5010.0400 Office Supplies
$200.00 From: A.7110.0421 Electric
To: A.5132.0423 Water
$3,500.00 From: A.7110.0217 Tennis Courts
To: A.7110.0149 Seasonal Labor
$1,000.00 From: A.3310.0144 Sign Labor
To: A.3310.0443 Sign Repair
$2,000.00 From: A.3310.0442 Electric Signals
To: A. 3310.0443 Sign Repair
$9,000.00 From: DA.5130.0144 Equipment Labor
To: DA.5110.0440 Rental
$8,000.00 From: DA.5110.0149 Seasonal Labor
To: DA.5110.0440 Rental
$32,000.00 From: DA.5110.0144 Highway Labor
To; DA.5112.0200 Perm. Improvements
$40,000.00 From: DA.5140.0144 Brush Labor
To: DA.5142.0144 Snow Labor
$62,000.00 From: DA.5110.0144 Highway Labor
To: DA.5142.0144 Snow Labor
$1,000.00 From: DA.5130.0419 Other Expenses
To: DA.5130.0200 Highway Equipment
The resolution was unanimously adopted.
Supervisor Cudney announced the appointment of Councilman Mills to the newly formed internal Town Board committee, which they have always had as an informal committee but now wish to formalize. It is a Drainage Committee to work with the Building Inspector, the Engineering Department, and the Highway Department on drainage issues townwide, and Supervisor Cudney will be the chair of the committee.
Supervisor Cudney also stated that she received a communication from the Erie County Department of Environment and Planning stating that there will be Public Hearings on the review of the 2004 Erie County Annual Action Plan, which is a five year consolidated plan for Community Development Block Grant Funds. The Public Hearings will be held on 1/26/04 at 7:00 PM in the Lackawanna Library, and on 1/27/04 at 7:00 PM at the Lancaster Town Hall and on 1/28/04 at 7:00 PM at the Hamburg Town Hall. The Draft will be available for review in the Town Clerk’s office.
Councilwoman Ackerman announced that Peter Gernold is resigning from the Library Board, as his work duties require extensive travel and he is not able to make all the meetings. She stated that she hopes that Mr. Gernold will return to the Library Board when his business commitments subside.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby accept the resignation of Peter Gernold from the Library Board with regret, with the hope that they may soon be able to reappoint him to the Board in the future.
The resolution was unanimously adopted.
Councilman Ackerman stated that she has worked with National Environment Inc. on a new recycling and garbage brochure that will be mailed to the public within the next month. She also stated that she has received from Jim Loech of the Conservation Board, the Orchard Park Green Print criteria ranking worksheets, which are roughly based on the ones from Clarence, and have been worked out with the help of WNY Land Conservancy. Once they are adopted, these guidelines will be included in the master plan as an appendix.
Councilman Jemiolo stated that he was able to review the plans for Green Lake that the Recreation Commission presented last night, and he stated these plans will greatly improve and enhance the Green Lake/Yates Park area. Councilman Jemiolo also stated that the Highway Department has finished work on the skating rink, which is at the edge of the lake, and it is now available for use.
Councilman Mills said the newly formed Drainage Committee is going to put the builders in this Town on notice that the Town is not going to allow topographic changes to the lots they develop. There will be inspections at the beginning and end of the projects. The builders will be held accountable, as many of the drainage problems in Town are a direct result of developers changing the land configurations after the projects are finished.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Town of Orchard Park has recently taken the responsibility for the Chestnut Ridge Cemetery, and
WHEREAS, it is necessary to adopt rules, regulations and fees for such cemetery
RESOLVED, that the Town Board is hereby adopting the following rules, regulations and procedures with regard to Chestnut Ridge Cemetery:
1. Fees for a full burial shall be as follows:
Opening grave and back filling –
Weekdays $ 475.00
Saturday, Sunday & Holidays $ 575.00
Plus a $ 35.00 Interment Fee and a $ 5.00 Vandalism Fee
The Town reserves the right to charge additional fees for snow removal.
2. Cremation burial:
18” x 18” x 24” deep dug by hand and back filled - $225.00
The Town reserves the right to charge additional fees for snow removal
3. Installation of foundations for headstone:
Stone size:
1’ x 2’ $ 150.00
1’ x 2-1/2’ $ 175.00
1’ x 3’ $ 200.00
The Town reserves the right to charge additional fees for larger head stones.
RESOLVED, the above referenced cost includes materials.
The resolution was unanimously adopted.
Assistant Building Inspector Dave Holland stated that the Building Department has just had installed new computer software from KVS information systems which will help improve the efficiency of their office and help track the activity in the Building Office.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the 2003 Stop DWI Contract between the Town of Orchard Park and Erie County Stop DWI Program.
Supervisor Cudney stated that this contract is retroactive, therefore the date of 2003 is correct.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #2 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$246,683.09 |
|
Part Town Fund |
$255.42 |
|
Risk Retention |
$2,113.84 |
|
Highway Fund |
$154,611.81 |
|
Special Districts |
$155,123.35 |
|
Trust & Agency |
$25.00 |
|
Capital Fund |
$4,371.73 |
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve the following Reports listed on the agenda: Town Clerk’s Annual Report for the Year 2003, Chief of Police’s Annual Report for the Year 2003 and the Building Inspectors Monthly Report & Building Permits for December 2003.
The resolution was unanimously adopted.
Scott Kroll, Orchard Park Jaycees: stated that the Jaycees are offering a “Adopt a Soldier Program” where they supply communications, letters from members and school children, clothing and food items, and anything else that helps to make them feel at home. Anyone who would like to participate can contact the Jaycees.
Erik Matwijow, 4155 Abbott Road: Councilwoman Ackerman said Erik called her today to ask Superintendent Geitter if he could contact Erie County to dump snow at Erie Community College. The county does this, and it forms a buffer for Abbott Road, which is good for the area.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, to wit; the meeting was adjourned at 8:31 PM (local time).
Respectfully Submitted,
Town Clerk